Thomson Press (India) Ltd. V/s Nanak Builders & Investors P.Ltd. & Ors.

Information Type: Judicial Information
Court: Supreme Court
Date of Judgment(s): 2013-02-21
Case No: 1518 of 2013 (Arising out of Special Leave Petition (Civil) No. 24159 of 2009)
Case Type: Appeal (Civil)
Judge Name: T.S. Thakur & M.Y. Eqbal
Subject: Civil Law
Statutes / Acts: Code of Civil Procedure (CPC), 1908
Section: O. 1, r.10, O.22, r.10
Bench Strength: Double Bench
Advocate: Sunil Gupta, Pramod Dayal, Nikuknj Dayal et. al. & Mahender Rana, Ramesh N. Keshwani, Ram Lal Roy et. al (R)
State of Appellant(s): Delhi
History of Case No: Judgments and Orders dated 15.12.2008 of the High Court of Delhi at New Delhi in FAO (OS) No. 295 of 2008
Equal Citation Details :

(2013)171PLR26, 2013(2)RCR(Civil)875, 2013 119 RD825, 2013(3)SCALE26, (2013)5SCC397, (2013)4WBLR(SC)8, 2013X AD (S.C.) 57, AIR2013SC2389, 2013(3)ALD129, 2013(3)ALLMR408, 2013 (98) ALR 280, 2013 3 AWC2442SC, 2013(2)CDR265(SC), 2013(2)CHN165, 2013(2)CTC104, JT2013(3)SC289, 2013-2-LW748, 2013(II)OLR1

Case Note / Description :

(1) The appellant is not a bona fide purchaser and is, therefore, not protected against specific performance of the contract between the plaintiffs and the owner defendants in the suit. (2) The transfer in favour of the appellant pendente lite is effective in transferring title to the appellant but such title shall remain subservient to the rights of the plaintiff in the suit and subject to any direction which the Court may eventually pass therein. Since the appellant has purchased the entire estate that forms the subject matter of the suit, the appellant is entitled to be added as a party defendant to the suit. (4) The appellant shall as a result of his addition raise and pursue only such defenses as were available and taken by the original defendants and none other With the above additions, I agree with the order proposed by my Esteemed Brother, M.Y. Eqbal, J. that this 
appeal be allowed and the appellant added as party defendant to the suit in question. 

Code of Civil Procedure, 1908

 

 
 
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